Despite being settled in a correctional facility in Nowra and working in a stable job, in February 2015 Malcolm Baker was committed to an indefinite stay at Long Bay Prison Hospital. Two certificates provided the basis for Justice Health to take him to the prison hospital and forcibly inject him. The reason given was that he had sent letters with ideas and drawings to individuals such as Senator Clive Palmer. In addition to this, Justice Health said that the violent nature of Malcolm’s crime in 1992 indicated a present violent mental state.

Justice Action rejects these propositions. The reasons above are not signs of mental illness as defined by the Mental Health Act 2007 (NSW). Baker’s aversion to medication is natural given the terrible side effects he previously experienced being forced to take such medication in 2012. Writing letters to Senator Clive Palmer is not any indication of mental illness; he is a prominent political figure in Australia and writing to him is within the rights of every citizen. The Mental Health Act 2007 section 14 only allows forced medication if the individual is a risk of serious harm to themselves or others. Many prisoners have committed past violent acts, however this doesn't dictate the future. If past acts are accepted as an indication of mental illness, many more prisoners and others will be diagnosed as a risk and medicated.

The Mental Health (Forensic Provisions) Act 1990 (NSW) states that a transfer between correctional centres and/or mental health facilities is only lawful if two certificates are issued by medical practitioners, one of whom must be a psychiatrist. We discovered that a nurse in Nowra had cosigned the certificate, in breach of the requirement. Then on the 4th of March, Brett was denied access to the Long Bay Prison Hospital to appear alongside Malcolm as primary carer for a Tribunal hearing, to present the defence. Denying him access was a clear denial of Malcolm’s right to support. Later they said it was because Justice Health authorities failed to notify the prison as it was required to do.

Currently, Malcolm is being subjected to appalling treatment that is in breach of the basic standards of humanity and dignity as outlined in the Optional Protocol to the Convention Against Torture 2006. He is restrained bi-weekly by prison nurses and forcibly injected with anti-psychotic drugs. They result in him lying down all the time, feeling sick, slurring his words and forgetting words during the sentence he begins, having an abnormal heart rate, itchy skin and negates any sexuality. Malcolm has written a letter stating that the psychiatrist who has misdiagnosed him with a mental illness is also degrading towards him and described him as being paranoid, angry, delusional and having mood swings. Who wouldn't be unhappy?